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08 March 2024 / Shane Quinn
Issue: 8062 / Categories: Features , Profession , Procedure & practice
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Joining the judgment queue: grounds for appeal to the Privy Council?

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Excessive delays in delivering judgment by a court can be grounds for an appeal to the Privy Council. Shane Quinn examines recent judgments from the British Virgin Islands
  • The right of appeal to the Privy Council is not automatic, but it is possible in certain circumstances.
  • It remains to be seen whether the recent appeals will succeed on the grounds of delay. But it is clear the Eastern Caribbean Court of Appeal treats delays seriously and will use its powers for the benefit of aggrieved parties. This should provide comfort to international clients.

Commercial litigation can often seem like a long and expensive process, whether a party is prosecuting or defending a claim. Charles Dickens’s description of the fictional case of Jarndyce v Jarndyce in Bleak House has created a reputation for the legal system of interminable delay and expense, which at times seems difficult to shake off.

Perhaps worse than a drawn-out legal battle, however, is an excessive delay between the conclusion of proceedings

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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